Kluwer: The End of the Unilateral Appointment Saga in India: Party Equality v. Party Autonomy—A Tale of Two Equals

By Karan Joseph (Shardul Amarchand Mangaldas & Co) and Yash Khanna (Shardul Amarchand Mangaldas & Co)

The subject of unilateral appointment of arbitrators arising from the Supreme Court of India’s (“Court”) three-judge bench decision in Central Organization for Railway Electrification v. ECI SPIC SMO MCML (JV) (“CORE I”), which held that one party’s power to unilaterally appoint an arbitrator was counterbalanced by a choice provided to the counter party to choose...